Full Bench of SC Judges to express opinion tomorrow on third term:

32 out of 34 submissions in favour of incumbent President

by Dinesh Weerawansa

More than 94 percent of the written submissions made to the Registrar of the Supreme Court on Friday, in respect of the two questions referred to the Supreme Court by President Mahinda Rajapaksa are reportedly to be in favour of the incumbent President contesting a third term under the provision of the 18th Amendment to the Constitution.

Thirty-four written submissions were made to the Registrar of the Supreme Court, excluding the official submission by the Attorney General. It is learnt that 32 of the 34 submissions were in favour of the incumbent President contesting the next Presidential election to seek a third term in office.

In terms of Article 129 (1) of the Constitution, the President sought the opinion of the Supreme Court earlier last week to ascertain whether there is any impediment for him to be elected for a further term in office as the incumbent President.

For the first time in the country’s legal history, a full Bench was constituted with all Judges of the Supreme Court to give their opinion to the President. The Supreme Court decided to entertain written submissions on the matter and directed its Registrar to inform the members of the Bar Association of Sri Lanka (BASL), to make their written submissions by 3 pm on Friday.

Accordingly, some leading legal luminaries such as Romesh de Silva PC (Past President of the Bar Association), Gamini Marapona PC, Nihal Jayamanne PC (Past President of the Bar Association), Faiz Musthapa PC (Past Deputy President of the Bar Association ), Ikram Mohamed PC (Past President of the Bar Association), Hemantha Warnakulasuriya PC (Past Deputy President and Secretary of the Bar Association), Palitha Fernando PC (former Attorney-General), Gomin Dayasiri, M.M. Zuhair PC, Dr. Jayathissa de Costa PC, W. Dayaratne PC (Past President of the Bar Association), Palitha Kumarasinghe PC, Manohara de Silva PC, D.P. Mendis PC, Anil Silva PC (Past Secretary of the Bar Association), Kushan de Alwis PC, Kuwera de Soyza PC, Ali Sabry PC (Past Treasurer of the Bar Association) and Chandana Liyanapatabendi PC are among those who made written submissions to the Supreme Court.

It is reliably understood that in their submissions to the Supreme Court, they had said that the incumbent President is entitled in law after the expiration of four years from the date of commencement of his second term in office as President on November 19, 2010, to declare by proclamation his intention of appealing to the people for a mandate to hold office by election, for a further term and that the President is entitled to be elected for a further term in office.

It is reliably understood that only Pakiasothy Saravanamuttu and M.I.M. Iyanullah had made submissions opposing the incumbent President contesting a third term in office.

Earlier last week, President Rajapaksa sought an opinion on the following questions from the Supreme Court under Article 129 of the Constitution;

(a) Whether in terms of Article 31 (3A) (a)(i) of the Constitution, as amended by the 18th Amendment, His Excellency as the incumbent President, has any impediment, after the expiration of four years from the date of commencement of the second term of office as the President on November 19, 2010, to declare by proclamation the intention of appealing to the people for a mandate to hold office as President by election, for a further term; and

(b) Whether in terms of the provision of the Constitution, as amended by the 18th Amendment, His Excellency as the incumbent President, has any impediment to be elected as President for a further term in office.

Chief Justice Mohan Peiris constituted a full member Bench comprising all Judges of the Supreme Court presided over by him to consider the said matter and express an opinion in respect of the two questions and entertained the written submissions of the members of the Bar Association of Sri Lanka until last Friday.